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vegeta_2009 wrote:hi, once again i require your help.
i have EEA2 residency card.
my passport is expiring in July 2010, i'm going through divorce and hoping to apply for Retention of rights in March/april. since i am sure the application will take a long time, the passport will expire by the time the HO even considers my application. what do i do?
Option 1: renew my passport (should be able to do it in January) and then send the old and the new passport with Retention of Rights application
Option 2: renew my passport, transfer my EEA2 to the new passport (bear in mind that i will be in the process of divorce by that time) and then apply for Retention fo Rights
Option 3: dont renew passport and send it to HO with retention of rights in March/april.
?
vegeta_2009 wrote:so you are saying i should wait untill the 5 years are up and then send application for PR? i initially thought that as soon as the divorce is final i just send in everything to the HO to Retain my rights (i dont what application i would use and what would they stamp it with-is there such a thing as Retained Rights stamp?).
i understand the logic behind the option you've given but wouldnt that be too risky leaving everything at the last minute, plus i doubt it very much that she will give me her id 2 years from now.
could you shed some light on that?
thanks Datuchi, i dont think i'll be able to get hold of the ID in 2 years time, so i think i will just do it as soon as my Decree Absolute comes in.datuchi wrote:
Either way, u would need ur husband's ID whether u send your docs now or in 2yrs when it's time to move on.
The UKBA have ridiculously requested the ORIGINAL ID and evidence of the EEA national exercising treaty rights up to the decree absolute.
vegeta_2009 wrote:thanks Datuchi, i dont think i'll be able to get hold of the ID in 2 years time, so i think i will just do it as soon as my Decree Absolute comes in.datuchi wrote:
Either way, u would need ur husband's ID whether u send your docs now or in 2yrs when it's time to move on.
The UKBA have ridiculously requested the ORIGINAL ID and evidence of the EEA national exercising treaty rights up to the decree absolute.
in order for me to retain my rights, which application do i need to send? or is just a letter?
from your experience, do you think i should get a solicitor from now on to apply for Retaining rights? this sounds like a mindefield to me.
after all this all they will give you is just another Residency Card (assuming it will be valid for another 5 years?)
so from my understanding this is whats gonna happen:datuchi wrote: Although better than nothing, apply again on EEA2 gorm for another resid card as member of EEA national's family.
really helful Datuchi, i'll pm you, we keep in touch, if you need something let me know.datuchi wrote:Think of it this way. What do u need the confirmation of retention of rights for? so u can apply for PR later. Let's say they had a separate stamp for u, and u have 2 morr years od working/being self-sufficient etc. They stamp your passport with that stamp but all thst gives u is the right to apply for PR at the end. What if u stop worki g or in other way stop exercising rights?u will not be able to apply for PR at the end regardless o the fsct that u have that stamp in ur passport!
So, as long as u keep working/self-suffic+insurance, u r allowed to apply for PR at the end.
Ridiculously, ho jave requested eea's id when those who have retained their roghts applied for pr!
The only difference which u might succeed with if u send ur eea's id and your passport with the lettrr claiming that u divorced is that if they issue u with another card now, in 2yrs time when u apply for PR and they request proof that at the ime of divorce 2yrs ago ur eea exercisr his rights AND original id, u will be able to dtate thst it is superfluous as u had provided those details at the time of divorce and obtained another card, which is the proof that at the time you already satisfied the requirements.
So, when u divorce, send ur passport and eea id with the letter and decree absolute notifying them of the change. I they issue u wih a new eea2 card,
even though i is wrong, this would be proof for u to later when u apply for PR, that u legally satisfied the requirements for the retention.
I am sorry if i write confusingly, i am away from home and cannot type properly, typing from my phone